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Burkhead v. Louisville Gas & Electric Co.
United States District Court for the Western District of Kentucky
250 F.R.D. 287 (2008)
Over 70 residents (named plaintiffs) of the area surrounding a coal-fired power plant operated by Louisville Gas & Electric (LG & E) (defendant) filed suit against LG & E. The named plaintiffs alleged their properties were damaged by emissions from LG & E that had invaded their property in the form of particulate matter and noxious odors. The named plaintiffs sought class certification under Rule 23 of the Federal Rules of Civil Procedure. The named plaintiffs described the proposed class as all owners or residents of single-family residences within two miles of the LG & E facility, who have owned or resided at that home from May 2003 to the present, and whose property was damaged by odors, pollutants, fallout, or contaminants that originated from the facility. The named plaintiffs estimated that the class could consist of as many as 14,294 people. LG & E opposed the class certification, arguing that the proposed class definition was flawed, that the proposed class representatives did not raise claims typical of those of the class, and that individual claims would predominate over common claims.
Rule of Law
Holding and Reasoning (Heyburn II, J.)
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